METHODOLOGY
For studying this topic further I would like to use the method of case study. The following cases will be analyzed:
1. Entick v. Carrington
2. Ashby v. White
3. Marzette v. Williams
4. Constantine v. Imperial London Hotels
5. Morningstar v. Lafayette Hotel Company and lastly,
6. Bhim Singh v. State of Jammu and Kashmir
INJURIA SINE DAMNO
The maxim injuria sine damno literally means a legal wrong that causes no actual damage to anyone, this means that a tortious act has been committed but it has not caused any kind of damage to the person whose rights have been infringed. Every person owes of a duty of care to his neighbor, breaching this duty leads to a tort or tortious act. These tortious acts can be in the form …show more content…
White:
Facts:
1) The defendant, who was a returning officer in the parliamentary election.
2) He maliciously prevented the plaintiff from exercising his statutory right to vote despite him being a legally qualified voter.
3) The candidate to whom the plaintiff intended to vote for was elected.
Judgment:
Lord Holt CJ said that “If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it and a remedy if he is injured in the exercise or enjoyment of it” and he said that “every violation of a right imports damage in contemplation of law” hence, the court held Mr. White liable.
Analysis:
In this case it was seen that the defendant was held liable even though there was no actual harm caused to the plaintiff as the candidate for whom the vote was sought to be tendered was elected. It was seen that a legal injury imports damage.
Marzette v. Williams:
Facts:
1) The action is founded on a contract; the banker makes a contract with his customer that he will pay checks drawn by him, provided he, the banker, has money in his hands belonging to that customer.
2) The defendant, a banker did not honour the check of the plaintiff, although they had sufficient funds belonging to him, and had had a reasonable time to know
For studying this topic further I would like to use the method of case study. The following cases will be analyzed:
1. Entick v. Carrington
2. Ashby v. White
3. Marzette v. Williams
4. Constantine v. Imperial London Hotels
5. Morningstar v. Lafayette Hotel Company and lastly,
6. Bhim Singh v. State of Jammu and Kashmir
INJURIA SINE DAMNO
The maxim injuria sine damno literally means a legal wrong that causes no actual damage to anyone, this means that a tortious act has been committed but it has not caused any kind of damage to the person whose rights have been infringed. Every person owes of a duty of care to his neighbor, breaching this duty leads to a tort or tortious act. These tortious acts can be in the form …show more content…
White:
Facts:
1) The defendant, who was a returning officer in the parliamentary election.
2) He maliciously prevented the plaintiff from exercising his statutory right to vote despite him being a legally qualified voter.
3) The candidate to whom the plaintiff intended to vote for was elected.
Judgment:
Lord Holt CJ said that “If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it and a remedy if he is injured in the exercise or enjoyment of it” and he said that “every violation of a right imports damage in contemplation of law” hence, the court held Mr. White liable.
Analysis:
In this case it was seen that the defendant was held liable even though there was no actual harm caused to the plaintiff as the candidate for whom the vote was sought to be tendered was elected. It was seen that a legal injury imports damage.
Marzette v. Williams:
Facts:
1) The action is founded on a contract; the banker makes a contract with his customer that he will pay checks drawn by him, provided he, the banker, has money in his hands belonging to that customer.
2) The defendant, a banker did not honour the check of the plaintiff, although they had sufficient funds belonging to him, and had had a reasonable time to know